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Changes to the Permitted Development Rights

On 1st October 2008 the revised Permitted Development Rights for Householders came into force and this new legislation represents a significant change to the previous system.

The main areas of change are:

Development within the curtilage of a dwelling house:

The new regime imposes additional controls over development to a principal elevation which fronts a highway and there are similar restrictions relating to side elevations.

The limitations relating to volume have been removed and have been replaced by tests relating to:

the ground area covered by buildings

the height and location of the building

the depth of the building

Additional controls in Conservation Areas relate to:

cladding the exterior

extensions to the side of dwellings

extensions to the rear which are more than one storey

In addition:

the materials shall be similar in appearance to the existing dwelling.

any window in an upper floor located in a wall or roof slope forming a side elevation shall be obscure glazed and non-opening unless 1.7m above the floor level of the room.

if more than one storey the roof pitch shall be the same as the roof pitch on the original dwelling.

The construction of a veranda, balcony or raised platform is not permitted.

The enlargement of a dwelling consisting of an addition or alterations to its roof.

The new regime allows alterations to the roof dwellings subject to limitations relating to:

height.

projection beyond a roof plane.

volume.

that no balcony veranda or raised platform.

they do not project more than 150mm beyond the place of the slope of the roof

do not project above the highest part of the original roof

The restriction on obscure glazing and opening already highlighted applies, as alterations in this category could include roof lights.

Chimneys, flues, soil and vent pipes together with solar photo voltaic or solar thermal equipment and microwave antenna are permitted subject to limitations or size, height and location.

ground area.

height.

location.

limitation on storage capacity.

Providing the dwelling is not a Listed Building.

These alterations are not permitted in Conservation Areas or in the Area of Outstanding Natural Beauty.

Additional limitations are imposed relating to materials and windows that apply to other works to a dwelling. In addition there is a requirement relating to the location of any enlargement relative to the eaves of the original roof.

Other alterations to the roof of a dwelling are permitted providing:

Porches:

The erection of a porch subject to limitation on area, height and location.

Other buildings ancillary to the enjoyment of the dwelling house and containers for oil or liquid petroleum gas are allowed subject to similar limitations that already exist relating to :

In Conservation Areas and the Area of Outstanding Natural Beauty such buildings are not permitted between the side wall of the dwelling and boundary and there are greater limitations on size and location of these buildings and containers.

New or replacement hard standings are allowed situated in front of the house or do not exceed 5sqm providing they are made of porous materials, or the water can drain to a porous area.

An interactive reference point is provided on the Planning Portal at www.planningportal.gov.uk and the Government envisage this will provide the initial reference point for householders.

In addition the Government has published a guide on porous surfaces which is available on the Communities web site: www.communities.gov.uk